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KAPLON-BELO ASSOCS., INC. v. KIM

145 A.D.2d 413 (1988)

Kaplon-Belo Associates, Inc., Respondent, v. Tae Hee Kim, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 5, 1988

Ordered that the judgment is affirmed, with costs.

"Where `a promisor himself is the cause of the failure of performance of a condition upon which his own liability depends, he cannot take advantage of the failure' (Aimes v Wesnofski, 255 N.Y. 156, 162)" (Rappaport v Sabbeth, 134 A.D.2d 419, 420). Thus, even assuming, arguendo, that under the terms of the brokerage agreement...

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